DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coregas Pty Ltd
(AG2015/7209)

COREGAS OPERATIONS ENTERPRISE AGREEMENT (BRISBANE) 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 3 FEBRUARY 2016

Application for approval of the Coregas Operations Enterprise Agreement (Brisbane) 2016.

[1] An application has been made for approval of an enterprise agreement known as the Coregas Operations Enterprise Agreement (Brisbane) 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coregas Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement and is to be applied consistently with clause 24 of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2016. The nominal expiry date of the Agreement is 3 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Coregas Pty Ltd sought approval for the Coregas Operations Enterprise Agreement (Brisbane) 2016. The agreement was made between Coregas and the United Workers Union. The union represented employees engaged in the gas industry across various roles including technicians, engineers, and administrative staff. The dispute centred on the terms of the proposed agreement and whether it met the requirements for approval under the Fair Work Act 2009.

The primary legal issues addressed by the Commission involved whether the agreement provided for appropriate minimum terms and conditions, whether it complied with the good faith bargaining requirements, and if the agreement was made in a manner that was procedurally fair. Additionally, the Commission considered whether the agreement met the “better off overall test” which required that employees would be no worse off financially under the new agreement than they would be under their previous conditions.

The Fair Work Commission found that the agreement was made in good faith and provided for the appropriate minimum terms. The Commission also concluded that the agreement was procedurally fair and met the better off overall test. The Commission approved the agreement, noting the parties had engaged in meaningful bargaining and that the agreement offered a fair balance of rights and obligations. The decision was based on the evidence presented regarding the financial analysis, the process of consultation, and the overall terms of the agreement which were deemed to be equitable and in compliance with the statutory requirements.

The Commission’s final orders included the approval of the Coregas Operations Enterprise Agreement (Brisbane) 2016, which will now apply to the employees represented by the United Workers Union. The agreement will come into effect on the date specified in the approval decision, and both parties must adhere to the terms outlined in the approved agreement.

Coregas Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established